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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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How do I avoid owing back child support after divorce has been

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How do I avoid owing back child support after divorce has been filed and waiting on divorce to be final?

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Is your spouse seeking that temporary support be issued by the court? Is the child yours? If so, why are you trying to avoid paying child support during this time? Have you and your spouse agreed to anything informally? Do you share time with the child?

Customer: replied 3 years ago.

Yes we are doing divorce our self, she filed 02/15/13 and i gave her a check last week and this week for what we calculated on the child support worksheet thing, will court accept that or would they be considering that not paid since didnt go thru the courts child support division, and yes i have my daughter(8yrs) every Tues,Wed,Thur from after sch til mother gets off work at 8ish and every Sat & Sun frm 12pm-8ish and alternating wkends overnite and pay all insurance and have custody of a16 & 18 year old

Thank you for the additional information. If you are currently paying an agreed upon amount of child support to the mother, during the pending divorce, you will certainly get credit for it. You want to make sure you keep records of everything you paid. As long as the amount is accurate and based upon the child support guidelines and worksheet, you should not have a problem. Child support is based upon the needs of the child, so if those needs are being met, the Judge may order the same amount to be paid, after the divorce is finalized. In addition, you may be able to avoid paying support or atleast have it reduced, based upon the time in which you currently have the child and need to care for her, along with your desire to obtain joint custody. If you keep paying what was agreed upon, you are not going to have to pay double. If anything, you will get credit for what has been paid and then would need to pay the difference, if the numbers and calculations were off and she brings this to the attention of the Judge.
Customer: replied 3 years ago.

The court told her child support starts when filed, do you know if i have to pay at child support division for there not to be any doubt of me paying, or are they automatically charging me back support since didnt go thru them

You said you paid her with a check and with the understanding that it was for child support. As such, there should be no doubt that you paid her directly and should not owe any arrears. Moreover, many parties pay support on their own and do not go through the child support division. If you wanted to, you can call them now to confirm that you are able to voluntarily pay the support on your own, directly to the mother.
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